Banca de DEFESA: TIAGO BATISTA DOS SANTOS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : TIAGO BATISTA DOS SANTOS
DATE: 04/12/2021
TIME: 09:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

APPLICATION OF CONVENTION No. 111 OF THE INTERNATIONAL LABOR ORGANIZATION IN THE SOLUTION OF CASES OF DISCRIMINATORY DISMISSAL OF EMPLOYEES MOTIVATED BY CANCER: AN ANALYSIS OF THE JURISPRUDENCE OF THE SUPERIOR LABOR COURT IN THE 2016-2021 PERIOD

KEY WORDS:

Cancer, Discrimination, ILO Convention No. 111, TST.

PAGES: 222
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Employees suffering from cancer, in view of the stigma associated with the disease, are subject to discrimination, even being fired without just cause, which gives rise to labor claims in which the discriminatory nature of dismissal is discussed. Considering that Convention No. 111 of the International Labor Organization (ILO) is the main norm of international labor law in combating discrimination in labor relations, its use by the Superior Labor Court (TST) in the assessment and judgment of actions on dismissal without just cause of employees with cancer is the object of this study. The normative content of human dignity was analyzed, from the perspective of equal dignity (chapter 1) and its corollaries, the principles of equality and non-discrimination (chapter 2), in addition to the structuring of the ILO, the procedure for drafting the Conventions and specifically ILO Convention No. 111 (chapter 3), through bibliographic research. Finally, TST decisions were analyzed that, in the period from January/2016 to June/2021, mentioned ILO Convention No. 111 in the solution of actions on discriminatory dismissal of employees with cancer, through the tool "Research of Jurisprudence" ( new system), available on the TST website. Mentions to ILO Convention No. 111 were classified by qualitative criteria, into direct mentions (the international standard was used as reasons for deciding) and indirect mentions (the international standard was included in the appealed decision or in the citation of judicial precedents). Finally, adopting as a criterion of relevance the existence of direct mention in decisions representing a percentage greater than 50% of the sample, it was concluded that Convention No. 111 of the ILO was relevant, being mentioned directly in 53.62% of the decisions examined, in addition to being implicitly present in the decisions that invoked Precedent No. 443 of the TST, as this statement of jurisprudence has, in almost half of its precedents, direct mention of the international treaty under discussion.

BANKING MEMBERS:
Interno - 2177963 - BENTO HERCULANO DUARTE NETO
Externo à Instituição - JOSÉ CLÁUDIO MONTEIRO DE BRITO FILHO
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL